File No. 812.0441/1.
The American Consul General at
the City of Mexico to the Secretary of
State.
American Consulate General,
Mexico, November 1,
1910.
No. 453.]
Sir: I have the honor to transmit herewith that
part of the Diario Oficial of July 22, 1910, which gives the new order
to the governors
[Page 619]
of the
several States to permit the consul to visit a prisoner, even though he
is “incomunicado.” The Department will appreciate the meaning of this
order, because heretofore the law of Mexico has been that a prisoner
shall be kept “incommunicado” 72 hours, without being allowed to see and
talk with the consul, his family, friends, or lawyer.
I have [etc.],
[Inclosure.]
Circular Order to Governors of
States.
[Translation.]
Department of Government,
Mexico, First
Section, Circular No. 693.
The department of foreign affairs has addressed a communication to
this department stating that in cases of incommunication of
prisoners awaiting trial the judges, exercising the authority which
the code of criminal procedure gives them, are inclined frequently
to make the incommunication too strict and uselessly severe; and as
such strict application of the law to foreigners may cause
diplomatic claims to be made in their behalf, the department of
foreign affairs urges that the governors of States recommend to the
judges therein that as a general rule all prisoners held for trial,
whether nationals or foreigners, when incommunicate, should be given
every relief consistent with the object of the incommunication; that
they should be allowed, where there is no reason against it, to
communicate verbally or by writing with other persons; that if
foreigners they should preferably communicate with the diplomatic
and consular agents of the country to which they belong; and that in
general the inconveniences and privations of prisoners should be
reduced to what is strictly unavoidable.
I have the honor to communicate the foregoing to you for
recommendation to the judges of the State which you worthily
govern.
Liberty and Constitution.
